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ENGROSSED HOUSE
BILL NO. 2051 By: Hardin, West (Rick), West
(Kevin), Gann, McDugle,
Grego, Smith, Patzkowsky,
Ford, Maynard, Randleman,
Pfeiffer, Olsen, Williams,
Banning, Conley, and
Steagall of the House
and
Bergstrom of the Senate
An Act relating to firearms; amending 21 O.S. 2021,
Sections 1279 and 1280, which relate to the crime and
related penalties for pointing a weapon; clarifying
exception to certain prohibited act; deleting
revocation and administrative penalty provisions;
amending 21 O.S. 2021, Sections 1289.16 and 1289.25,
which relate to the Oklahoma Firearms Act of 1971 ;
authorizing the pointing of firearms under certain
circumstances; making certain acts u nlawful; deleting
administrative penalty provision; expanding
situations that allow for the use of physical o r
deadly force; allowing for the defensive display of
firearms under certain circumstances; providing
exceptions; defining terms; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1279, is
amended to read as follows:
Section 1279.
MISDEMEANOR POINTING A FIREARM
Except for an act of self -defense, it It shall be unlawful for
any person to point any pistol firearm or any other deadly weapon
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whether loaded or not, at any other person or persons. Any per son
violating the provisions of this sec tion shall, upon conviction, be
guilty of a misdemea nor punishable as provided in Section 1280 of
this title.
Any person convicted of violating the The provisions of this
section after having been issued a shall not apply to persons acting
in self-defense or to home or busines s owners in defense of their
private property, whether or not they possess a valid handgun
license pursuant to the provisions of the Oklahoma Self -Defense Act
may be subject to an administrative violation as provided in Section
1280 of this title.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1280, is
amended to read as follows:
Section 1280.
PENALTY FOR 1279
Any person violating the provisions of Section 1279 of this
title shall, upon conviction, be guilty of a misdemeanor punishable
by a fine of not less than O ne Hundred Dollars ($100.00) nor more
than One Thousand Dollars ($1,000.00) and shall be imprisoned in the
county jail for a period of not less than three (3) nor more than
twelve (12) months. Any person convicted of violating the
provisions of Section 12 79 of this title after having been issued a
handgun license pursuant to the provisions of the Oklahoma Self -
Defense Act shall have the handgun license revoked and shall be
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liable for an administrative fin e of Fifty Dollars ($50.00) upon a
hearing and determination by the Oklahoma State Bureau of
Investigation that the person is in violation of the provisions of
this section.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1289.16, is
amended to read as follows:
Section 1289.16
FELONY POINTING FIREARMS
Except for an act of self -defense, it A. It shall be unlawful
for any person to willfully or wit hout lawful cause lawful to point
a shotgun, rifle or pistol, firearm, knife, or any other deadly
weapon, whether loaded or not, at any another person or persons for
the purpose of threatening or with the inte ntion of discharging the
firearm or with any ma lice or for any purpose of injuring, either
through physical injury or mental or emotiona l intimidation or for
purposes of whimsy, humor or prank, or in anger or otherwise, but
not to include the pointing of s hotguns, rifles or pistols by law:
1. A person who can legally own or possess a weapon pursuant to
the provisions of Section 1272 of this title:
a. during an act of self -defense, or
b. in defense of real or private property , whether owned,
leased, or occupied by permission of the property
owner and whether or not the person possesses a valid
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handgun license issued pursuant to the Oklahoma Self-
Defense Act;
2. A person in the defensive dis play of a firearm or other
deadly weapon, as provided for in Section 1289.25 of this title;
3. Law enforcement authorities in the performance of their
duties, armed;
4. Armed security guards licensed by the Council on Law
Enforcement Education and Traini ng pursuant to the Oklahoma Security
Guard and Private Investigator Act in the performance of their
duties, members;
5. Members of the state military forces in the performance of
their duties, members;
6. Members of the federal military reserve and activ e military
components in the perfo rmance of their duties, or any;
7. Any federal government law enforcement office r in the
performance of any duty ,; or in
8. Any person during the performance of a play on stage, while
participating in a rodeo, or when participating in a television
program or on film, or in defense of any person, one's home or
property project.
B. It shall be unlawful for any person to willfully an d without
lawful cause point a firea rm, knife or any other deadly weapon,
whether loaded or not, at any person or persons for the purp ose of
threatening or with the intention of discharging the firearm or wi th
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any malice or for any purpose of injuring, either through physical
injury or mental or emotional intimidation , or for purposes of
whimsy, humor or prank, or in anger or otherwise .
C. Any person convicted o f a violation of the provisions of
this section shall be punished as provided in Section 1289.17 of
this title.
Any person convicted of a violation of the provisions of this
section after having been issued a handgun license pursua nt to the
Oklahoma Self-Defense Act shall have the license revoked and s hall
be subject to an administrative fine of One Thousand Dollars
($1,000.00), upon a hea ring and determination by the Oklahoma State
Bureau of Investigation that the person is in viol ation of the
provisions of this section.
SECTION 4. AMENDATORY 21 O.S. 2021, Section 1289.25, is
amended to read as follows:
Section 1289.25
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
A. The Legislature hereby recognizes that the citizens of the
State of Oklahoma have a right to expect absolute safety within
their own homes, places of business, occupied premises, or places of
worship and have the right to establish policies regarding the
possession of weapons on property pursuant to the provisions of
Section 1290.22 of this title.
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B. A person, regard less of official capacity or lack of
official capacity, wi thin a place of worship or a pe rson, an owner,
manager or employee of a business is presumed to have held a
reasonable fear of imminent peril of death or great bodily harm to
himself or herself or a nother when using defensive force that is
intended or likely to cause death or great bodi ly harm to another
if:
1. a. The person against whom the defensive force was used
was in the process of unlawfully and f orcefully
entering, or had unlawfully and forci bly entered, a
dwelling, residence, occupied vehicle, plac e of
business, occupied premises, or place of worship, or
if that person had remove d or was attempting to remove
another against the will of that perso n from the
dwelling, residence, occupied vehicl e, place of
business, occupied premises, or place of worship.
b. The person who uses defe nsive force knew or had reason
to believe that an un lawful and forcible entry or
unlawful and forcible act on the occupied premises was
occurring or had occurred; or
2. The person who uses defensive force knew or had a reasonable
belief that the person ag ainst whom the defensive force was used
entered or was attempting to enter into a dwelling, residence,
occupied vehicle, place of business, occupied premises, or place of
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worship for the purpose of committing a forcible felony, as defined
in Section 733 of this title, and that the defensive force was
necessary to prevent the commission of the forcible felony.
C. The presumption set forth in subsection B of this section
does not apply if:
1. The person against whom the defensive force is used has the
right to be in or is a lawful resident of the dwelling, r esidence,
or vehicle, such as an owner, lessee, or titleholder, and there is
not a protective order from domestic v iolence in effect or a written
pretrial supervision order of no contact against that pers on;
2. The person or persons sought to be removed a re children or
grandchildren, or are otherwise in the lawful custody or under the
lawful guardianship of, the perso n against whom the defensive force
is used; or
3. The person who uses defensive force is engaged in an
unlawful activity or is using the dwe lling, residence, occupied
vehicle, place of business or place of wo rship to further an
unlawful activity.
D. A person who is not engaged in an unlawful activity and who
is attacked in any other place wh ere he or she has a right to be has
no duty to retreat and has the right to stand his or her ground and
meet force with force, including deadly force, if he or she
reasonably believes it is necessary to do so to prevent death or
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great bodily harm to himsel f or herself or another or to prevent the
commission of a forcible felony.
E. A person who unlawfully and by force ente rs or attempts to
enter the dwelling, residence , occupied vehicle of another person,
place of business, occupied premises, or place of worship is
presumed to be doing so with the intent t o commit an unlawful a ct
involving force or violence.
F. A person who uses defensive force, as permitted pursuant to
the provisions of subsections A, B, D and E of this section, is
justified in using suc h defensive force and is immune from and shall
not be subject to criminal prosecution and civil action for the use
of such defensive force. As used in this subsection, th e term
"criminal prosecution " includes charging or prosecuting the
defendant.
G. A law enforcement agency may use standard procedures for
investigating the use of defensive force, but th e law enforcement
agency may not arrest the person for using defensiv e force unless it
determines that there is probable cause that the defensive force
that was used was unlawful.
H. The court shall award reas onable attorney fees, court costs,
compensation for loss of income, and all expenses incurred by the
defendant in defense of any civil action brought by a plaintiff if
the court finds that the defendant i s immune from and not subject to
prosecution as provided in subsection F of this section.
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I. The provisions of this section and the provisions of the
Oklahoma Self-Defense Act shall not be construed to require any
person using a weapon pursuant to the provisi ons of this section to
be licensed in any manner.
J. A person pointing a weapon at a perpetrator in self -defense
or in order to thwart, stop or deter a forcible felon y or attempted
forcible felony shall not be deemed guilty of committing a criminal
act.
K. 1. The defensive display of a firearm or other deadly
weapon by a person is justified when and to the extent a reasonable
person believes that physical force is im mediately necessary to
protect himself, herself or another person against the use or
attempted use of unlawful physical or deadly force by a person,
premises owner or controller in self -defense, or in defense of real
or private property, located on any pre mises, owned, rented, leased
or occupied by permission of the premise owner or controller ,
whether or not a person is in possession of a valid handgun license
issued pursuant to the provisions of the O klahoma Self-Defense Act
and shall not be deemed a crim inal act.
2. The provisions of this subsection shall not apply to a
person who:
a. intentionally provokes another person to use or
attempt to use unlawful physical or deadly force, or
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b. uses a firearm during the commission of an unlawful
act involving force or violence.
3. The provisions of this subsection do not require the
defensive display of a firearm or any other deadly weapon before th e
use of defensive force or the threat of defensive force by a person
who is justified in the use or threatened use of defensive force.
4. For purposes of this subsection, "defensive display of a
firearm" includes, but is not limited to:
a. verbally informing another person that the person
possesses or has availab le a firearm or any other
deadly weapon,
b. exposing or displaying a firearm or any other deadly
weapon in a manner that a reasonable person wou ld
understand was meant to protect the person agains t the
use or attempted use by another of unlawful physical
or deadly force, or
c. placing the hand of the person on a firearm or any
other deadly weapon while the firearm is contained in
a pocket, purse, holster, sling scabbard, case or
other means of containment or transport.
L. As used in this section:
1. "Defensive force" includes, but shall not be limited to,
pointing a weapon at a p erpetrator in self-defense or in order to
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thwart, stop or deter a fo rcible felony or attempted forcible
felony;
2. "Dwelling" means a building or conveyance of any kind,
including any attached porch, whether the building or conveyance is
temporary or permanent, mobile or immobile, which has a roof over
it, including a tent, and is designed to be occupied by people;
3. "Occupied premises" means any premises occupied by an owner,
tenant, lessee, business, place of worship, liquor store, guest or
authorized user of the premises , including their agents;
4. "Place of worship" means:
a. any permanent building, structure, facili ty or office
space owned, leased, rented or borrowed, on a f ull-
time basis, when used for worship services, activit ies
and business of the congregation, which may include,
but not be limited to, churches, temples, synagogues
and mosques, and
b. any permanent building, structure, facility or office
space owned, leased, rented or borrowed for use on a
temporary basis, when used for worship services,
activities and business of the congregation including,
but not limited to, churches, temples, synagogues and
mosques;
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4. 5. "Residence" means a dwelling in which a person resides
either temporarily or permanently or is visiti ng as an invited
guest; and
5. 6. "Vehicle" means a conveyance of any kind, whether or n ot
motorized, which is designed to transport people or property.
SECTION 5. It being immediatel y necessary for the preservation
of the public peace, h ealth or safety, an emergency is hereby
declared to exist, by reason whereof this act sha ll take effect and
be in full force from and after i ts passage and approval.
Passed the House of Representatives the 20th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate